Poix

Terms of Service

Learn about the terms and conditions governing your use of Poix's services.

1. Introduction

Welcome to Poix's website and services. By accessing or using our website, mobile application, or any other related services (collectively, the "Services"), you agree to be bound by these Terms of Service (the "Terms") and our Privacy Policy. If you do not agree with these Terms, please do not use the Services.

2. Definitions

3. Eligibility and Age Requirements

You must be at least 13 years old to use the Services. If you are under 18 years old, you must have your parent or legal guardian's permission to use the Services. By using the Services, you represent and warrant that you meet all eligibility requirements.

4. User Account Registration and Security

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party.

5. User Conduct and Prohibited Activities

You agree to use the Services in a manner that is lawful, ethical, and in accordance with these Terms. You shall not:

6. License to Use the Services

Subject to these Terms, Poix grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use.

7. Feedback and Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Poix with respect to the Services shall remain the sole and exclusive property of Poix. Poix shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

8. Third-Party Links and Services

The Services may contain links to third-party websites or services that are not owned or controlled by Poix. Poix has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Poix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. Modification and Termination of Services

Poix reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice. Poix shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POIX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POIX, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL POIX BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POIX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.

IN NO EVENT SHALL POIX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID POIX IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

12. Indemnification

You agree to defend, indemnify, and hold harmless Poix and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Services.

13. Dispute Resolution and Arbitration

Any dispute arising from these Terms and your use of the Services shall be resolved through binding arbitration, to be conducted in the jurisdiction where Poix is established. Both parties agree to waive their rights to a jury trial. The arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding on both parties.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and Poix regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.

16. No Waiver

The failure of Poix to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

17. Assignment

Poix may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights to use the Services without Poix's prior written consent.

18. Force Majeure

Poix shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

19. Notices

Poix may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. Notice will be deemed given twenty-four hours after email is sent, unless Poix is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing.

20. Survival

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

21. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Poix is established, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

22. Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services.

23. Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State.

24. Language

The controlling language of these Terms is English. Any translation of these Terms is provided for convenience only, and in the event of any inconsistency between the English version and any translation, the English version will control.

25. Electronic Communications

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

26. Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

27. Beta Services

From time to time, Poix may offer beta features or services. These features or services are subject to change and may be discontinued at any time without notice. Beta features are provided "as is" and without warranty of any kind.

28. User Support and Service Levels

Poix will provide user support for the Services during normal business hours. Response times may vary depending on the nature of the inquiry. For detailed information about our support services, please refer to our support documentation.

29. Privacy Policy Reference

Your use of the Services is also subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy, which explains how we collect, use, and share information about you when you use our Services.

30. No Agency Relationship

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms or your use of the Services. You do not have any authority to bind Poix in any way.

31. Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

32. Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Poix used herein are trademarks or registered trademarks of Poix. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

33. DMCA Policy

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Poix's copyright agent as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit Poix to contact you, such as your address, telephone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice Poix Address: [Your Company Address] Email: dmca@poix.com

34. Contact Information Accuracy

You agree to provide and maintain accurate, current, and complete information about your account, including your email address and other contact information. You acknowledge that Poix may send you important information and notices regarding your account and the Services by email or through other means based on the information you provide.

35. Right to Refuse Service

Poix reserves the right to refuse service to anyone for any reason at any time.

36. Payment Terms

If you choose to purchase any paid services offered by Poix, you agree to pay all fees associated with such services. Fees are non-refundable except as required by law or as explicitly stated in these Terms. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

37. Refund Policy

As stated in Section 8, Poix does not offer refunds for any payments made for our Services. All sales are final. Please carefully consider your purchase before completing any transaction. In exceptional circumstances, Poix may, at its sole discretion, consider a refund request. Such circumstances may include, but are not limited to, technical issues preventing the use of the service or errors in service description. To request a refund, please contact our support team at support@poix.com with details of your purchase and the reason for your refund request.

38. Enforcement Rights

Poix reserves the right to investigate violations of these Terms and to enforce these Terms. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

39. Acknowledgment

BY USING THE SERVICES OR OTHER SERVICES PROVIDED BY POIX, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

40. YouTube Data Usage and API Services

40.1. YouTube API Services Integration Poix utilizes YouTube API Services to access publicly available YouTube data. By using our Services, you acknowledge that:

41. Contact Us

If you have any questions about these Terms, please contact us at support@poix.com.

Last updated: November 8, 2024